Case: Vayeghan v. Kelly

2:17-cv-00702 | U.S. District Court for the Central District of California

Filed Date: Jan. 28, 2017

Closed Date: June 27, 2017

Clearinghouse coding complete

Case Summary

This action, filed on January 28, 2017, in the U.S. District Court for the Central District of California (in Los Angeles), challenged President Trump’s January 27, 2017, Executive Order (EO-1) banning non-U.S. citizen nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen from entering the U.S.. The case was filed on behalf of an Iranian citizen with a U.S. visa, as a petition for writ of habeas corpus seeking immediate release from detention and a civil complaint seeking declaratory…

This action, filed on January 28, 2017, in the U.S. District Court for the Central District of California (in Los Angeles), challenged President Trump’s January 27, 2017, Executive Order (EO-1) banning non-U.S. citizen nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen from entering the U.S.. The case was filed on behalf of an Iranian citizen with a U.S. visa, as a petition for writ of habeas corpus seeking immediate release from detention and a civil complaint seeking declaratory and injunctive relief. The complaint argued that detaining a lawful U.S. visa holder solely pursuant to the executive order violated Fifth Amendment Equal Protection and Due Process rights, the First Amendment Establishment Clause, the Administrative Procedure Act (APA), the Religious Freedom Restoration Act (RFRA), and the Immigration and Nationality Act (INA). The plaintiff was represented by the ACLU of Southern California and private counsel.

The plaintiff was an Iranian citizen who had a U.S. immigrant visa and a U.S. citizen son. When he landed at Los Angeles International Airport (LAX) on January 27, 2017, U.S. Customs and Border Protection (CBP) detained him and threatened to deport him to Iran as soon as the next day. Had he been granted admission to the U.S. the plaintiff would have qualified to receive a green card seven weeks later. The plaintiff claimed that he was denied access to counsel during his detention at LAX. The habeas petition and complaint named CBP, its parent department – DHS, the respective Commissioner and Secretary of CBP and DHS, the Director of the Los Angeles Field Office of CBP, and President Trump (official capacity) as defendants.

In the habeas petition and complaint the plaintiff requested the following relief from the district court: a writ of habeas corpus requiring the government to release the plaintiff, a declaration that the detention of the plaintiff is authorized by statute and contrary to law, an order requiring the plaintiff’s admission to the U.S. per the terms of the INA, and attorneys’ fees.

Contemporaneous with the filing of the habeas petition and complaint, the plaintiff submitted to the district court an ex parte application for a temporary restraining order to stay his removal (deportation). However, before the court could review the application, the plaintiff was placed on a flight to Dubai by federal agents. The plaintiff filed an amended ex parte application on January 29, 2017, and District Judge Dolly Gee granted a temporary restraining order that same day. The order (TRO) enjoined and restrained the federal government from preventing the plaintiff from returning to the U.S., and required the government to transport the plaintiff back to the U.S. and admit him under the terms of his travel visa. District Judge Gee wrote that interim injunctive relief was appropriate because the plaintiff had a strong likelihood of success in establishing that his removal from the U.S. violated the Establishment Clause of the First Amendment, the INA, and his rights to Equal Protection, and that the plaintiff would likely suffer irreparable harm in the absence of such relief. 2017 WL 396531.

The assignment to Judge Gee was on an emergency basis over the weekend; on Monday, January 30, 2017, the case was reassigned to District Judge S. James Otero. Judge Otero referred the case to Magistrate Judge Steve Kim.

On February 1, 2017, District Judge Otero set a status conference for February 10, 2017, to discuss the status of the government’s compliance with the TRO. According to the the Los Angeles Times, the plaintiff arrived back at LAX on the afternoon of February 2, 2017. The LA Times report also claimed that the plaintiff was the first person who was negatively impacted by EO-1 to be allowed to enter the U.S. as a result of a lawsuit. Based on this development, the government apparently followed the requirements of the TRO and a docket entry for the February 10 status conference shows that it was dissolved by District Judge Otero.

But the plaintiff did not withdraw his civil complaint. The next status conference took place on March 24, 2017. The government filed a motion to dismiss on April 24, and Judge Otero set a status conference two weeks later for July 7, 2017. Before this status conference could take place, the plaintiffs filed notice of voluntary dismissal on June 26 where they indicated that they had come to an agreement with the government that the case could be dismissed with prejudice. An ACLU press release from June 26, 2017, reported that the plaintiff had been granted a green card and lawful permanent resident status. According to the ACLU, the settlement ensured that the government’s initial attempt to cancel the plaintiff’s visa on January 27 would have no effect on his immigration process. The district court entered an order granting the stipulated dismissal with prejudice on June 27, 2017.

This case is closed.

 

Summary Authors

Virginia Weeks (1/30/2017)

Julie Aust (2/18/2017)

Virginia Weeks (6/29/2017)

Jamie Kessler (4/25/2017)

Esteban Woo Kee (11/27/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4576959/parties/ali-khoshbakhti-vayeghan-v-john-f-kelly/


Judge(s)

Gee, Dolly Maizie (California)

Otero, S. James (California)

Standish, Gail J. (California)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Bibring, Peter (California)

Brewer, Megan (California)

Iguina, Carmen G. (California)

Pasquarella, Jennifer (California)

Tolchin, Stacy Eva (California)

Attorneys(s) for Defendant

Ward, Brian Christopher (District of Columbia)

Judge(s)

Gee, Dolly Maizie (California)

Otero, S. James (California)

Standish, Gail J. (California)

Attorneys(s) for Plaintiff

Arulanantham, Ahilan T (California)

Bibring, Peter (California)

Brewer, Megan (California)

Iguina, Carmen G. (California)

Pasquarella, Jennifer (California)

Tolchin, Stacy Eva (California)

Attorneys(s) for Defendant

Ward, Brian Christopher (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

June 27, 2017 Docket
1

Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief

Jan. 28, 2017 Complaint
6

Temporary Restraining Order [Amended and Corrected]

2017 WL 396531

Jan. 29, 2017 Order/Opinion

Visa Holder Banner from U.S. by Executive Order to Return to Los Angeles after Federal Court Action

No Court

Feb. 2, 2017 Pleading / Motion / Brief
32

Order Re Stipulated Dismissal With Prejudice

Vyeghan v. Kelly

June 27, 2017 Order/Opinion

Resources

Title Description External URL

Live Blog: Detentions at LAX Under Executive Order

ACLU Southern California

The ACLU of Southern California and its partners are hard at work to defend the rights of people detained at Los Angeles International Airpot. As the situation develops, we will post updates here. Feb. 9, 2017 https://www.aclusocal.org/en/news/lax-detentions

Iranian Man Turned Away During First Travel Ban Reaches Settlement with U.S.

ACLU Southern California

The American Civil Liberties Union of Southern California (ACLU SoCal) and law offices of Stacy Tolchin have reached a settlement with the United States on behalf of Ali Vayeghan, an Iranian immigran… June 26, 2017 https://www.aclusocal.org/en/press-releases/iranian-man-turned-away-during-first-travel-ban-reaches-settlement-us

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4576959/ali-khoshbakhti-vayeghan-v-john-f-kelly/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. 0973-19268510 for $5 filing fee, filed by Plaintiff Ali Khoshbakhti Vayeghan. (Attachments: # 1 Civil Cover Sheet) (Attorney Carmen G Iguina added to party Ali Khoshbakhti Vayeghan(pty:pet))(Iguina, Carmen) (Entered: 01/28/2017)

Jan. 28, 2017 PACER
2

EX PARTE APPLICATION for Temporary Restraining Order as to Staying of Petitioner's Removal from the United Sates filed by Petitioner Ali Khoshbakhti Vayeghan. Ex Parte Application set for hearing on 1/28/2017 at 05:00 PM before Magistrate Judge Paul L. Abrams. (Attachments: # 1 Points & Authorities, # 2 Declaration Iguina Declaration, # 3 Proposed Order Order to Show Cause) (Iguina, Carmen) (Entered: 01/28/2017)

Jan. 28, 2017 PACER
3

NOTICE of Appearance (Ward, Brian) (Entered: 01/29/2017)

Jan. 29, 2017 PACER
4

PETITION AMENDED APPLICATION FOR TEMPORARY RESTRAINING ORDER with filing fee previously paid (5.00 paid on 01/28/2017,, filed by plaintiffs Ali Khoshbakhti Vayeghan. (Attachments: # 1 Declaration in support of Petitioner's Amended Temporary Restraining Order, # 2 Proposed Order to Show Cause) (Attorney Peter Bibring added to party Ali Khoshbakhti Vayeghan(pty:pet))(Bibring, Peter) (Entered: 01/29/2017)

Jan. 29, 2017 PACER
5

ORDER by Judge Dolly M. Gee: granting 2 EX PARTE APPLICATION for TRO (kr) (Entered: 01/29/2017)

Jan. 29, 2017 RECAP
6

TEMPORARY RESTRAINING ORDER [AMENDED and CORRECTED] by Judge Dolly M. Gee: The Amended TRO Application is GRANTED. Respondents and their officers, agents, employees, attorneys, and all persons acting in concert or participating with them, are enjoined and restrained from barring Petitioners return to the United States. Respondents shall transport Petitioner back to the United States and admit him under the terms of his previously approved visa. Respondents shall communicate the terms of this Courts order immediately to officers in Dubai, and to authorities in the airport in Dubai holding Petitioner on Respondents orders. (see order for complete details.) (kd) (Entered: 01/29/2017)

Jan. 29, 2017 RECAP
7

NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge S. James Otero and referred to Magistrate Judge Steve Kim, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (jtil) (Entered: 01/30/2017)

Jan. 30, 2017 PACER
8

INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (vcr) (Entered: 01/30/2017)

Jan. 30, 2017 RECAP
9

CIVIL COVER SHEET filed by Petitioner Ali Khoshbakhti Vayeghan. (Iguina, Carmen) (Entered: 01/30/2017)

Jan. 30, 2017 PACER
10

NOTICE of Interested Parties filed by Petitioner All Plaintiffs, identifying ALI KHOSHBAKHTI VAYEGHAN JOHN F. KELLY, Secretary, Department of Homeland Security DONALD TRUMP, President of the United States U.S. DEPARTMENT OF HOMELAND SECURITY U.S. CUSTOMS AND BORDER PROTECTION KEVIN K. MCALEENAN, Acting Commissioner of CBP MITCHELL MERRIAM, Los Angeles Field Director, CBP. (Bibring, Peter) (Entered: 01/30/2017)

Jan. 30, 2017 PACER
11

NOTICE of Errata and Corrected Proof of Service filed by petitioner Ali Khoshbakhti Vayeghan. (Bibring, Peter) (Entered: 01/30/2017)

Jan. 30, 2017 PACER
12

Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus, 1 filed by petitioner Ali Khoshbakhti Vayeghan. (Bibring, Peter) (Entered: 01/30/2017)

Jan. 30, 2017 PACER
13

STIPULATION to Continue TRO Briefing and Hearing filed by petitioner Ali Khoshbakhti Vayeghan. (Attachments: # 1 Proposed Order re TRO Briefing and Hearing)(Bibring, Peter) (Entered: 01/31/2017)

Jan. 31, 2017 PACER
14

60 DAY Summons Issued, In re: Petition for Writ of Habeas Corpus, 1 as to all Defendants. (mkr) (Entered: 01/31/2017)

Jan. 31, 2017 PACER
15

ORDER RE TRO BRIEFING AND HEARING 13 by Judge S. James Otero; 1. The briefing schedule set forth in the Temporary Restraining Order [Amended and Corrected], Dkt. No. 6 (TRO) at 3 (filed January 29, 2017), is stayed until further notice of this Court; 2. The hearing presently set in the TRO for February 10, 2017, at 9:30 a.m. is vacated; 3. In lieu of the TRO hearing, the Court will set an in-person status conference for February 10, 2017 at 9:30 a.m., to discuss the status of the compliance. In the event Mr. Vayeghan is admitted to the United States pursuant to the terms of the TRO, and the Plaintiffs determine they need no further action on the TRO, the Court directs them to file a notice withdrawing their motion before that date. (lc) (Entered: 02/01/2017)

Feb. 1, 2017 RECAP
16

ORDER TRANSFERRING CIVIL ACTION pursuant to General Order 05-07. ORDER case transferred from Magistrate Judge Steve Kim to the calendar of Magistrate Judge Gail J. Standish for Discovery. The case number will now reflect the initials of the transferee Judge 2:17-cv-00702 SJO (GJSx). Signed by Magistrate Judge Gail J. Standish and Magistrate Judge Steve Kim. (esa) (Entered: 02/03/2017)

Feb. 3, 2017 PACER
17

STATUS REPORT filed by Petitioner Ali Khoshbakhti Vayeghan. (Bibring, Peter) (Entered: 02/09/2017)

Feb. 9, 2017 PACER
24

MINUTES OF Status Conference held before Judge S. James Otero: Court and counsel confer whether the Court should dissolve the TRO or dismiss it as moot.The Court dissolve the TRO and sets a Status Conference on 3/10/17 9:00 a.m. The parties shall file a joint status report by 3/3/17. Court Reporter: Carol Zurberg. (lc) Modified on 3/30/2017 (lc). (Entered: 03/30/2017)

Feb. 10, 2017 RECAP
18

TRANSCRIPT for proceedings held on 2/10/17 10:07 a.m. Court Reporter: Carol Jean Zurborg, phone number (213) 894-3539. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/10/2017. Redacted Transcript Deadline set for 3/20/2017. Release of Transcript Restriction set for 5/18/2017. (Zurborg, Carol) (Entered: 02/17/2017)

Feb. 17, 2017 PACER
19

NOTICE OF FILING TRANSCRIPT filed for proceedings 2/10/17 10:07 a.m. re Transcript 18 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Zurborg, Carol) TEXT ONLY ENTRY (Entered: 02/17/2017)

Feb. 17, 2017 PACER
20

STATUS REPORT AND STIPULATION TO CONTINUE STATUS CONFERENCE filed by Defendants John F. Kelly, John Kelly, Kevin K. Mcaleenan, Mitchell Merriam, Donald Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proposed Order)(Ward, Brian) (Entered: 03/03/2017)

March 3, 2017 PACER
21

ORDER CONTINUING STATUS CONFERENCE 20 by Judge S. James Otero:: The status conference currently set for March 10, 2017, is vacated. A status conference is set for March 24, 2017, at 9:30 a.m. The Parties will submit a joint status report on March 17, 2017. (lc) (Entered: 03/03/2017)

March 3, 2017 RECAP
22

STATUS REPORT filed by Defendants John F. Kelly, John Kelly, Kevin K. Mcaleenan, Mitchell Merriam, Donald Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Ward, Brian) (Entered: 03/17/2017)

March 17, 2017 PACER
23

MINUTES OF Status Conference held before Judge S. James Otero: Court and counsel discuss the status of the case. The Court sets the following schedule:Governments Motion to Dismiss due - April 24, 2017; Plaintiffs Opposition due - May 8, 2017; Governments Reply due- May 15, 2017; Hearing on Motion to Dismiss - June 5, 2017 at 10:00 a.m. Court Reporter: Carol Zurberg. (lc) (Entered: 03/27/2017)

March 24, 2017 PACER
25

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Respondents John F. Kelly, John Kelly, Kevin K. Mcaleenan, Mitchell Merriam, Donald Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Security. Motion set for hearing on 6/5/2017 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order) (Ward, Brian) (Entered: 04/24/2017)

April 24, 2017 PACER
26

STIPULATION to Vacate Hearing on Motion to Dismiss and Briefing Schedule NOTICE OF MOTION AND MOTION to Dismiss Case 25, Status Conference, 23 filed by Petitioner Ali Khoshbakhti Vayeghan. (Attachments: # 1 Proposed Order)(Bibring, Peter) (Entered: 05/04/2017)

May 4, 2017 PACER
27

ORDER UPON JOINT STATUS REPORT AND STIPULATION 26 by Judge S. James Otero : 1. The briefing schedule set at the status conference on March 24, 2017, and set out in the Minutes of Status Conference, ECF No. 23, is stayed until further notice of the Court; and, 2. The hearing currently set for June 5, 2017, is vacated. 3. A telephonic status conference shall be held on Friday, July 7, 2017, at 10 a.m. The parties shall file a joint status report by Monday, June 26, 2017. If there is any change in the status of this case, the Parties shall promptly notify the Court. (lc) Modified on 5/8/2017 (lc). (Entered: 05/08/2017)

May 8, 2017 RECAP
28

Notice of Appearance or Withdrawal of Counsel: for attorney Ahilan T Arulanantham counsel for Petitioner Ali Khoshbakhti Vayeghan. Carmen Iguina is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Petitioner Ahilan T. Arulanantham. (Arulanantham, Ahilan) (Entered: 05/18/2017)

May 18, 2017 PACER
29

TEXT ONLY ENTRY: NOTICE TO PARTIES: Effective June 1, 2017, Judge Standish is located at the Edward R. Roybal Federal Building, COURTROOM 640 on the 6th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 640 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mail box located outside the Clerk's Office on the 12th floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY (Entered: 06/06/2017)

June 6, 2017 PACER
30

NOTICE of Voluntary Dismissal filed by Petitioner Ali Khoshbakhti Vayeghan. Dismissal is with prejudice. (Attachments: # 1 Proposed Order)(Bibring, Peter) (Entered: 06/26/2017)

June 26, 2017 PACER
31

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Voluntary Dismissal of an Action (Pursuant to FRCP 41a(1)) 30, with a proposed order submitted as an attachment.pdf document is a stipulation to dismiss. The following error(s) was found: Incorrect event selected. The correct event is: Stipulation : Dismiss Case. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) (Entered: 06/26/2017)

June 26, 2017 PACER
32

ORDER RE STIPULATED DISMISSAL WITH PREJUDICE 30 by Judge S. James Otero. (Made JS-6. Case Terminated.) (lc) (Entered: 06/28/2017)

June 27, 2017 RECAP

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Key Dates

Filing Date: Jan. 28, 2017

Closing Date: June 27, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Iranian citizen with a U.S. immigrant visa who was denied entry to the U.S. on January 27, 2017, the day that President Trump's travel ban executive order first went into effect.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Customs and Border Protection (Washington D.C.), Federal

Office of the President of the U.S. (Washington D.C.), Federal

Department of Homeland Security (Washington D.C.), Federal

Office of the Director of Customs and Border Protection – Los Angeles Field Office (Los Angeles), Federal

Office of the Commissioner of U.S. Customs and Border Protection (Washington D.C.), Federal

Office of the Secretary of the Department of Homeland Security (Washington D.C.), Federal

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Establishment Clause

Equal Protection

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Habeas Corpus

Over/Unlawful Detention

Terrorism/Post 9-11 issues

Discrimination-basis:

National origin discrimination

Religion discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Immigration lawyers

Visas - criteria

Visas - procedures

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern